First Amendment topicsAbout the First Amendment
 
Yates v. United States (docket #: 6) (1957)  [Findlaw]

Argument Date 10/08/1956
Decided 6/17/1957
Supreme Court Vote 6-1
Note Decided together with Schneiderman v. United States (docket # 7), and Richmond et al. v. United States (docket #8).
Supreme Court Ruling First Amendment claim upheld
 
IssueWhether the conviction of 14 Communists under the Smith Act for conspiring to "advocate and teach the duty of overthrowing the government by force or violence" violated the First Amendment
Majority Opinion Clark, J. (Brennan, J. & Whittaker, J. not participating)
Concurring Opinion Burton, J., & Black, J.(joined by Douglas, J.)
Dissenting Opinion Clark, J.
Lower Court 9th Circuit
Lower Court Ruling First Amendment claim denied
Oral Arguments Oral Arguments  [Oyez]
Lawyers
For Petitioner
Ben Margolis

For Respondent
Philip R. Monahan

Briefs
For Amicus
David I. Shapiro, Osmond K. Fraenkel and Fred Okrand, for the American Civil Liberties Union (for petitioner)

Ruling - Lower Court
225 F.2d 146
News
"10 of 14 Reds Freed on $200,000 Bail," The Los Angeles Times, Aug. 31, 1952, Sect. B, p. 1
"12 Red Leaders Seek Reductions in Bail," The Los Angeles Times, July 23, 1951, p. 1
"15 Top Cal. Leaders Face Court," The Los Angeles Times, Feb. 1, 1952, p. 1
"5 Reds Freed by High Court," The Washington Post, June 18, 1957, Sect. A, p. 21
"7 Reds on Coast Put Under Bail of $50,000," The Chicago Daily Tribune, July 28, 1951, p. 11
"Balky Red on Coast Found in Contempt," The New York Times, Aug. 9, 1952, p. 4
"Convicted Reds Seek Freedom Pending Appeal," The Los Angeles Times, Aug. 12, 1952, p. 17
"Convictionof 14 Top Reds Vetoed by High Court," The Daily Defender, June 18, 1957, p. 5
"Court Hears Lawyer of 14 California Reds," The Los Angeles Times, Oct. 9, 1956, p. 6
"Defense Opens in Trial of 14 Communists," The Los Angeles Times, June 12, 1952, p.2
"High Court to Review Red Leaders' Sentence," The Washington Post, Jan. 17, 1956, p. 11
"Jury Deliberating Red Leaders' Fate," The Los Angeles Times, Aug. 1, 1952, p. 8
"Mrs Oleta Yates Freed Again on Appeals Ruling," The Los Angeles Times, Sept. 12, 1952, Sect. A, p. 2
"New Argument Ordered in L.A. Contempt Case," The Los Angeles Times, June 11, 1957, p. 10
"Red in Trial on Coast Jailed for Contempt," The New York Times, June 27, 1952, p. 6
"Reds' Appeal Scored," The New York Times, Oct. 10, 1956, p. 21
"Retrial of 9 Reds Poses 'Problems,'" The New York Times, June 18, 1957, p. 23
"The Supreme Court and the Smith Act," The Wall Street Journal, June 20, 1957, p. 12
"Woman Communist's Conviction Reversed," The Los Angeles Times, July 27, 1955, p. 26
"Woman Red Gets Year More for Contempt," The Los Angeles Times, Aug. 9, 1952, p. 1
"Woman Red Leader Gives Up on Contempt Charge," The Los Angeles Times, Sept. 5, 1952, p. 8
"Woman Red Sent to Jail for Balking at Questions," The Los Angeles Times, June 7, 1952, p. 1
Andrews, Marshall, "12 More 'Second-String' Reds Seized on Conspiracy Charge," The Washington Post, July 27, 1951, p. 1
Dale, Edwin L, "9 Get New Trial," The New York Times, June 18, 1957, p. 1
Hearst, Joseph, "High Court Upsets Terms of 14 Reds," June 18, 1957, p. 1
Hill, Gladwin, "14 Coast Reds Found Guilty After Trial Lasting 6 Months," The New York Times, p. 1
Hill, Gladwin, "Objections Mark Coast Reds' Trial," The New York Times, Feb. 8, 1952, p. 14
Hill, Gladwin, "U.S. Begins Trial of 15 Coast Reds," The New York Times, Feb. 2, 1952, p. 5
Huston, Luther A. "High Court Faces Heavy Case Load," The New YorkTimes, Sept. 30, 1956, p. 80
Huston, Luther A., "Major Red Cases go to High Court," The New York Times, Oct. 18, 1955, p. 21
Porter, Russell, "12 Key Reds Seized Here and on Coast in Plot on Nation," The New York Times, July 27, 1951, p. 1
Reston, James, "Judiciary Seen as Setting Limit on Other Branches," The New York Times, June 18, 1957, p. 1
Shannon, Don, "Supreme Court Frees 5 Cal. Reds, Orders New Trials for 9 Others," June 18, 1957, p. 1
Shannon, Don, "Supreme Court Urged to Affirm Red Convictions," The Los Angeles Times, Oct. 10, 1956, p. 6
Other
Chemerinsky, Erwin, CONSTITUTIONAL LAW (3rd Ed.)(2006), p. 997
Dickson, Del, THE SUPREME COURT IN CONFERENCE 1940-1985 (2001), pp. 280-287
Emerson, Thomas I. THE SYSTEM OF FREEDOM OF EXPRESSION (1970), pp. 121-129
Stone, Seidman, Sunstein, Tushnet, CONSTITUTIONAL LAW (3rd Ed.)(1996), pp. 1123-1127
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